Terms & Conditions

By accessing, registering for, or using Javen ("the Platform", "we", "us", or "our"), you ("you", "your", or "User") agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, you must not use the Platform.

Javen is a trust and transaction platform providing escrow services, reputation scoring (J-Score), dispute resolution, and related features for peer-to-peer commerce in Kenya. We reserve the right to modify these Terms at any time. Continued use after changes constitutes acceptance of the updated Terms.

To use Javen, you must:

• Be at least 18 years of age.
• Be a resident of Kenya or have a valid Kenyan mobile number.
• Have a registered Safaricon (M-Pesa) phone number linked to your profile.
• Not be suspended or banned from the Platform.
• Provide accurate, complete, and truthful information during registration and KYC.

You are responsible for maintaining the confidentiality of your account credentials. All activities under your account are your responsibility. You must:

• Use a valid Kenyan mobile number for OTP authentication.
• Choose a unique username that does not impersonate others.
• Notify us immediately of any unauthorized account access.
• Not share, sell, or transfer your account to another person.

We may suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose a risk to other users.

4.1 Escrow Process

Javen provides an escrow service where buyer funds are held securely until delivery is confirmed. The process works as follows:

1. Buyer initiates a transaction and funds escrow via M-Pesa STK push.
2. Seller receives notification and ships the item via courier.
3. Buyer receives a One-Time Delivery Code (DC-OTP) to confirm receipt.
4. Upon DC-OTP entry, a 48-hour inspection period begins.
5. Buyer may confirm release, report a problem, or allow auto-release after the inspection window.

4.2 Fees

Javen charges a fee on each escrow transaction. The fee percentage is determined by the seller's tier level (Bronze through Platinum). Fees are deducted from the escrow amount before payout to the seller. Current fee structures are displayed before transaction initiation.

4.3 Auto-Release

If the buyer does not confirm release or report a problem within the 48-hour inspection period, funds are automatically released to the seller. After auto-release, the buyer has a 48-hour window to challenge the release and open a dispute.

4.4 Cancellation

Buyers may cancel before funding with no penalty. After funding, buyer cancellation incurs a processing fee. Sellers may cancel at any stage before completion, triggering a full refund to the buyer. Repeated cancellations may negatively impact your J-Score.

4.5 Transaction Limits

Phone-only accounts are limited to KES 5,000 per transaction. Completing KYC (National ID verification) and improving your J-Score tier increases your transaction limits.

J-Score is a Bayesian reputation score starting at 300 points. It increases with successful transactions, KYC verification, and positive ratings, and decreases with disputes, cancellations, and non-responsiveness. J-Score determines your tier and associated benefits (lower fees, higher limits).

J-Score calculations are automated and based on on-platform behavior. The score is portable and visible on your public trust profile (subject to your privacy settings). One-time bonus events (KYC verification, mediator approval) apply full configured points outside the Bayesian average.

6.1 Negotiation Phase

When a buyer reports a problem, a 24-hour negotiation period opens. Both parties may chat and propose resolutions (full refund, full release, or partial split). Mutual consent is required for any resolution during this phase.

6.2 Mediation Phase

If negotiation fails, the dispute escalates to mediation. A panel of staked mediators reviews evidence and votes. The median decision determines the outcome. Either party may appeal within 24 hours by paying an appeal fee, which triggers a new mediator panel ordered by J-Score.

6.3 Evidence

Both parties have 72 hours from escalation to submit evidence (photos, chat logs, shipping documentation). Evidence submitted after the deadline may not be considered.

6.4 Final Decisions

After the appeal process, the dispute status becomes final. No further appeals are permitted. Platform decisions are binding within the scope of the escrow transaction.

All payments are processed through M-Pesa (Safaricom) or Airtel Money. Javen does not hold funds in its own accounts — funds are held in a designated escrow account. Payouts to sellers are processed via B2C transfers. Payout failures are automatically retried according to our retry policy.

In the event of split payouts (dispute resolution), both parties receive their respective shares. Platform fees are deducted before distribution.

You must not use Javen to:

• Facilitate illegal transactions or trade in prohibited goods.
• Impersonate another person or entity.
• Manipulate your J-Score through fake transactions or collusion.
• Harass, threaten, or abuse other users or mediators.
• Circumvent Platform fees or use the Platform for money laundering.
• Submit false or misleading evidence during disputes.
• Attempt to access, modify, or disrupt the Platform's systems.

Javen, its logo, J-Score trademark, and all Platform content are the intellectual property of Javen. You are granted a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose. You may not reproduce, distribute, or create derivative works from Platform content without express written permission.

Javen operates as an independent intermediary and technology platform providing escrow administration, digital reputation tools, and an optional community-based dispute mediation framework. Javen is not a party to any underlying transaction, does not take title to any goods or services, and does not act as an agent, fiduciary, or insurer for any user. Javen does not guarantee the identity, honesty, quality, safety, authenticity, or legality of any item, service, or counterparty.

To the fullest extent permitted by law, the platform and all associated services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the platform will be uninterrupted, error-free, or free of harmful components. Javen does not warrant the accuracy, completeness, or reliability of any J‑Score, tier, endorsement, or trust indicator, all of which are algorithmic outputs based on platform activity and third-party inputs.

To the maximum extent permitted by applicable law, in no event shall Javen, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of business, loss of data, loss of goodwill, business interruption, reputational harm, or any other intangible losses, arising out of or in connection with your use of, or inability to use, the platform, regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if Javen has been advised of the possibility of such damages.

Notwithstanding anything to the contrary in these Terms, the total aggregate liability of Javen to any user for all claims arising out of or relating to the platform in any calendar year shall not exceed the greater of (a) the total escrow fees earned by Javen from that specific user in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) KES 5,000 (or the equivalent in local currency). This cap applies to all causes of action, whether in contract, tort (including negligence), strict liability, or otherwise, and is cumulative over the calendar year.

Without limiting the generality of the foregoing, Javen shall not be liable for any loss, damage, claim, or expense arising from or related to:

(a) Third-Party Payment Providers: Delays, failures, reversals, or errors caused by mobile money operators (including M‑Pesa, Airtel Money, or any bank), payment gateways, or any other financial intermediary, including but not limited to network outages, processing limits, regulatory interventions, or system maintenance.

(b) Courier and Shipping Risks: The actions or omissions of any courier, whether formal (digital trackable services) or informal (matatu operators, bus parcel services, or any individual). Javen’s Mkono Safi (DC-OTP) protocol and courier confirmation features are tools for risk reduction only and do not constitute a guarantee of delivery or a bailment relationship. Javen assumes no liability for lost, damaged, stolen, or delayed parcels.

(c) Counterparty Risk and Disputes: The quality, safety, authenticity, or legality of any goods or services transacted, including any non-delivery, partial delivery, defective delivery, misrepresentation, fraud, or any act or omission of a buyer, seller, freelancer, or any other counterparty. The dispute mediation system is a voluntary, non-binding process prior to formal panel resolution. Mediator decisions are made by independent third-party mediators and do not represent determinations by Javen. Javen shall not be liable for any mediator’s act, omission, decision, or delay.

(d) Reputation and Scoring: Any reliance placed on J‑Scores, tiers, badges, endorsements, or Trust CV outputs. These are algorithmic indicators derived from available platform data and third-party inputs; they do not constitute a credit rating, character reference, or guarantee of future behaviour. Javen is not liable for any decision made by a user, third-party platform, employer, landlord, lender, or any other entity based on Javen reputation information.

(e) Platform Downtime and Technical Issues: Any interruption, suspension, or degradation of the platform due to maintenance, technical faults, cyberattacks, or other events beyond Javen’s reasonable control. While Javen employs reasonable security and backup measures, it does not guarantee continuous, uninterrupted access and is not liable for losses arising from unavailability.

(f) Force Majeure: Any event outside Javen’s reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, government orders, changes in law or regulations, civil unrest, war, terrorism, internet or telecommunications outages, strikes, or labour disputes.

(g) User-Generated Content and Communications: The accuracy, reliability, or legality of any content, messages, listings, descriptions, or endorsements posted or shared by users, including in pre-escrow chats, escrow chats, or any public-facing trust profile.

(h) Regulatory and Compliance Changes: Any loss caused by changes in applicable law, regulations, or requirements imposed by the Central Bank of Kenya, the Office of the Data Protection Commissioner, or any other regulatory authority that affect the operation or availability of the platform.

(i) Unauthorised Access: Unauthorised access to, or alteration of, your transmissions or data, unless such access or alteration is directly caused by Javen’s gross negligence or wilful misconduct.

(j) Limitations on Escrow Funds: Any action taken in good faith by Javen in accordance with the auto-release ladder, dispute resolution outcomes, court orders, or regulatory directives, including the freezing, release, or refund of escrow funds.

For any claim related directly to Javen’s core escrow administration services, your sole and exclusive remedy shall be limited to refund of the specific escrow fee paid by you for the transaction giving rise to the claim. Under no circumstances shall Javen be liable for the underlying transaction amount held in escrow, which is the responsibility of the transacting parties and the financial institutions involved.

You agree to indemnify, defend, and hold harmless Javen and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the platform; (b) any transaction you enter into using the platform; (c) your breach of these Terms; (d) your violation of any law or the rights of any third party; or (e) any content you submit, post, or transmit through the platform. Javen reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with Javen in asserting any available defences.

Each provision of this Limitation of Liability clause is intended to be severable. If any part of this clause is found by a court of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect. The limitations and exclusions set forth herein reflect an informed, voluntary allocation of risk between Javen and its users and form an essential basis of the bargain, without which Javen would not be able to provide the platform at its current fee levels.

Nothing in this clause seeks to exclude or limit liability to an extent that is prohibited by applicable Kenyan consumer protection or data protection legislation. If you are acting as a consumer and a mandatory statutory right is inconsistent with any part of this clause, that statutory right shall prevail to the minimum extent required by law, but all other exclusions and limitations shall remain effective.

You may delete your account at any time from your profile settings. We may suspend or terminate your account for violations of these Terms, fraudulent activity, or at our sole discretion. Upon termination:

• Active escrow transactions will be resolved according to existing dispute procedures.
• Pending payouts will be processed.
• Your J-Score and transaction history will be retained for compliance purposes.
• Your public trust profile will be deactivated.

These Terms are governed by the laws of the Republic of Kenya. Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Kenya. The Platform complies with the Kenya Data Protection Act, 2019.

For questions about these Terms, contact us at our Contact page.